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Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State Courts
On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. 1 The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be heard in...
Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct
On February 19, 2013, the U.S. Supreme Court, in a unanimous decision , found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the Eleventh Circuit Court...
FTC Proposes Rules for Withdrawal of HSR Merger Filings
The Federal Trade Commission (FTC) has proposed formalizing its process for handling withdrawals of merger notifications under the Hart-Scott-Rodino (HSR) Act in order to better allocate its resources. The proposed changes to the HSR rules, which have been published for...
Terrorizing patent practitioners: Highlights from oral argument at the Supreme Court for Gunn v. Minton
On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn . 1 The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be...
Competition Advocacy Group Files Comments in FERC Proceeding Involving Transmission Merger
On January 22, 2013, the American Antitrust Institute (AAI), an independent non-profit organization with a mission to advance the role of competition in the economy and protect consumers, filed comments in the Federal Energy Regulatory Commission's proceeding involving the proposed...
NLRB Plans to Ignore D.C. Circuit Ruling Invalidating Obama Recess Appointments; Validity of Appointment of Richard Cordray as CFPB Director Also Suspect
In what appears to be the continuation of a showdown among the three branches of federal government, the D. C. Circuit ruled today that President Obama's January 2012 "recess" appointments of three members to the National Labor Relations Board ("Board")...
FERC Demands Due Diligence and Continues Focus on ISO Communications
Last month, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreement [1] (EnerNOC, Inc., 141 FERC ¶ 61,211 (2012)) to resolve an investigation by the Office of Enforcement (Enforcement) into whether EnerNOC, Inc. (EnerNOC) submitted...
HSR Thresholds Increase for 2013
The Federal Trade Commission (FTC) has announced revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 11, 2013. The revised thresholds will apply to any transaction closing on or after the effective date...
Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton
Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton 1 case decided by the Supreme Court of Texas 2 and the submission of Petitioner's and several supporting amicus curiae briefs. 3 Gunn...
The Debate Rages On Regarding Whether Default Fiduciary Duties Apply to LLC Managers Under Delaware Law
Earlier this year, we reported on the Delaware Court of Chancery's decision in Auriga Capital Corp. v. Gatz Properties, LLC , wherein Chancellor Strine held that traditional fiduciary principles apply to LLC managers or members by default. See Delaware Chancery...
Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk
On January 1, 2013—immediately after passing the fiscal crisis bill—the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have eroded the patent term of approximately...
Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support
Earlier this year we reported on the granting of certiorari for the case of Gunn v. Minton 1 from the Supreme Court of Texas. 2 The case involves a claim of attorney malpractice in an underlying patent litigation matter. The...
Supreme Court Allows Fifth Circuit Ruling on Private FLSA Settlements to Stand
On December 10, 2012, the United States Supreme Court declined to review a recent ruling of the Fifth Circuit Court of Appeals, which approved a private settlement of employees' claims for unpaid overtime under the Fair Labor Standards Act (FLSA)...
PHMSA Inspections to Focus on Integrity Management Program Evaluations
Effective immediately, Pipeline and Hazardous Materials Safety Administration (PHMSA) inspections will emphasize the review of operator methods for integrity management (IM) program evaluations, the agency said in an Advisory Bulletin released earlier today. PHMSA also stated that it will carefully...
Lame-Duck Patent Reform Goes Almost Entirely Unnoticed
With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent system. This time, few seem to...